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Broadcasting Decision CRTC 2005-578
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Ottawa, 5 December 2005
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Michael Garrow, on behalf of a corporation to be incorporated
Across Canada
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Application 2005-0253-5
Public Hearing at Charlottetown, Prince Edward Island
3 October 2005
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The Wagering Network - Category 2 specialty service
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In this decision, the Commission approves an application for a broadcasting licence to operate a new Category 2 specialty programming undertaking.
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The application
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1.
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The Commission received an application by Michael Garrow, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, English-language Category 21 specialty programming undertaking to be known as The Wagering Network.
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2.
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The applicant proposed to offer a service that would consist of programming dedicated to all aspects of the gaming world in Canada and abroad. It indicated that the service would not carry live sports events and that it would simply refer to sports events from a gaming perspective. Sports highlights would comprise no more than 10% of the programming schedule. The service would also offer a sports news ticker providing up-to-the-minute scores and results from amateur and professional sports.
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3.
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All of the programming would be drawn from the following categories set out in Schedule I to the Specialty Services Regulations, 1990: 1 News; 2(a) Analysis and interpretation; 2(b) Long-form documentary; 3 Reporting and actualities; 5(b) Informal education/Recreation and leisure; 6(a) Professional sports; 6(b) Amateur sports; 7(a) Ongoing drama series; 7(b) Ongoing comedy series (sitcoms); 7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical feature films aired on TV; 7(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; 7(g) Other drama; 9 Variety; 10 Game shows; 11 General entertainment and human interest; 12 Interstitials; 13 Public service announcements; and 14 Infomercials, promotional and corporate videos.
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Intervention
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4.
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The Commission received an intervention from CTV Television Inc. (CTV) commenting on the applicant's proposal to air sports programming drawn from categories 6(a) and 6(b). Among other things, CTV is the 100% indirect owner of The Sports Network Inc., the licensee of the specialty service known as The Sports Network (TSN).
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5.
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In CTV's view, the sole purpose of the applicant's request for authority to air sports programming is to enable it to offer a sports news ticker given that the applicant stated it would not broadcast any professional and amateur sports. CTV indicated that, assuming this is the case, it would have no objection to the applicant's proposals provided that this effect was imposed as a condition of licence. CTV also requested that the Commission impose a condition of licence requiring that the authority to carry category 6 programming be limited to "sports programming consisting of alphanumeric text content containing sports information from a gaming and wagering perspective." Finally, CTV submitted that the application should be denied if the applicant were not willing to accept such a condition of licence.
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6.
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The applicant did not reply to the intervention.
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Commission's analysis and determination
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7.
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With regard to the concerns expressed by CTV, the Commission notes that, as one of the conditions of licence set out in the appendix to this decision, the applicant is prohibited from offering any coverage of live sports, while sports highlights are limited to a maximum of 10% of the program schedule. The Commission is satisfied that these restrictions are sufficient to prevent the service from being directly competitive with TSN.
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8.
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The Commission is satisfied that the application is in conformity with all applicable terms and conditions announced in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001 (Public Notice 2000-171-1). Accordingly, the Commission approves the application by Michael Garrow, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national, English-language Category 2 specialty programming undertaking, The Wagering Network.
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9.
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The licence will expire 31 August 2012, and will be subject to the conditions set out in Public Notice 2000-171-1, as well as to the conditions set out in the appendix to this decision.
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Issuance of the licence
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10.
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A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
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- an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;
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- the applicant has entered into a distribution agreement with at least one licensed distributor; and
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- the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 36 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 5 December 2008. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2005-578
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Conditions of licence
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1. The licence shall be subject to the conditionsset out in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001.
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2. The licensee shall provide a national, English-language Category 2 specialty programming service devoted to all aspects of the gaming world in Canada and abroad.
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3. The service shall not broadcast live sports events, and sports highlights shall comprise no more than 10% of its programming schedule. The service shall refer to sporting events solely from a gaming perspective.
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4. The programming shall be drawn exclusively from the following categories set out in Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:
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1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
5 (b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 (a) Ongoing drama series
(b) Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
(g) Other drama
9 Variety
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day means the period of up to 18 consecutive hours, beginning each day not earlier than six o'clock in the morning and ending not later than one o'clock in the morning of the following day, as selected by the licensee, or any other period approved by the Commission.
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Footnote:
The Category 2 services are defined in Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000.
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Date Modified: 2005-12-05
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